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12. Hirers liability, insurance
12.1 In accordance with the principles of a comprehensive motor insurance, the rental firm will indemnify the renter from liability subject to an excess of ¬ 2.100.00 to be borne by the renterin case of damage subject to full comprehensive motor insurance per case of damage. Therespective excess cannot be excluded.
12.2 The indemnity against liability described in Subsection 12.1 will not apply if the Hirer causes a loss/damage deliberately or by gross negligence.
12.3 If the Hirer causes loss/damage culpably, he will additionally be liable in the following cases:
- if loss/damage was caused by impaired ability to drive due to drugs or alcohol
- if the Hirer or a driver to whom the Hirer has supplied the vehicle leaves the site of an accident without justification
- if the Hirer fails to call the police to an accident, contrary to the obligation imposed by Section 8, unless this breach of obligation does not affect either the establishment of the cause of the loss/damage or of its amount
- if the Hirer breaches any other obligations imposed by Section 8, unless this breach of obligation does not affect either the establishment of the cause of the loss/damage or of its amount
- if loss/damage is due to usage prohibited by Subsection 7.1
- if loss/damage is due to a breach of an obligation imposed by Subsection 7.2
- if loss/damage is caused by an unauthorised driver to whom the Hirer has supplied the vehicle
- if loss/damage is due to a failure to take account of the vehicles dimensions (if shown on the country signs).
- if loss/damage is due to a failure to comply with load regulations
12.4 To avoid increasing costs due to expenses incurred to establish the amount of the damage suffered, the Rental Firm will in the event of accident damage initially supply the Hirer on request with sample invoices for the type of case concerned.
12.5 The Hirer is liable for all fees, charges, fines and penalties imposed upon the Rental Firm in connection with the use of the vehicle, unless these are incurred due to the fault of the Rental Firm. The rental firm reserves the right to deduct the fees, charges, fines and panalties from the clients credit card. Additional handling charges are subject to the displayed pricing lists at the rental stations.
12.6 More than one Hirer will be generally and severally liable.
13. Rental Firms liability, expiry by limitation
13.1 The Rental Firm bears unlimited liability for deliberate action and gross negligence. In the case of simple negligence the Rental Firm is only liable for foreseeable loss/damage typical of the type of contract concerned where there is a breach of an obligation the meeting of which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). This standard of liability also applies in cases of obstacles to performance at the time of the conclusion of the contract.
13.2 The above limitations and exclusions of liability do not apply to claims under the terms of the German Product Liability Act or to claims based on injury to life, limb or health or infringements of liberty.
13.3 Claims which are not excluded according to paragraph 13.1 but were only limited in scope shall become statute-barred within a year of the end of the year of the claim being created and the circumstances justifying the claim and the debtors identity being disclosed to the creditor or the creditor, without gross negligence, being considered to be aware of such circumstances or identity. With the exception of claims for damages which are based on loss of life, physical injury, health hazards or the loss of freedom and claims based on the product liability act, claims for damages shall become statute-barred with no consideration being given as to whether the creditor was aware of the circumstances and identity or, without gross negligence, should have been aware of such circumstances and identity within five years of the end of the year in which the claim was created.
13.4 The McRent Terms and conditions apply. These are provided at the rental depot during pick-up and are published on our website. Additional price lists are published in each Rental Station.